Definition
Discharge refers to end of contractual relationship between the parties. The agreement stops to work i.e. at the point when the rights and commitments under the agreement end. As per Sections 73-75 of the Contracts Act, an agreement may be released in a few modes. They are as per the following:-
- Discharge by execution
- Discharge by Mutual agreement
- Discharge by Impossibility
- Discharge by Operation of Law
- Discharge by Lapse of time and
- Discharge by Breach of the contract
Execution or Performance
The undeniable method of Discharge of an agreement is by execution, where the parties have done whatever was examined under the agreement. The tender or offer of the execution has the same impact as execution. In the event that a promisor tenders execution of his/her guarantee yet the other party declines to acknowledge it, the promisor stands released of his/her Obligations.
Example:-
A contracts to sell his/her car to b for $5000,when the car is delivered to B and B pays the agreed price for it, then the contract comes to an end by performance.
Mutual Understanding
Section 62 of the Act expresses that if the parties to agreement consent to substitute another contract for the old, revoke, or modify the terms, the first contract is discharged. An agreement may be controlled by common assent in any of the six ways, viz, Novation, rescission, change and abatement, waiver and merger. Novation implies substitution of another contract for the first one.
Impossibility of execution
An agreement may be discharged because of impossibility of execution. There are two sorts of Impossibility:
- One that is natural in the transaction (i.e, the contract)
- One that may rise later by the change of specific circumstances material to the agreement.
Operation of Law
Release by operation of law may happen in three ways:-
- By demise of the promisor in cases including individual ability or capacity
- By bankruptcy, where a request of release is gone by an indebtedness court and the bankrupt stands released of all obligations brought about past to his mediation
- Merger
Failure of Time
Certain agreements, which are made, have a predefined time to perform. The predefined span is termed as confinement period and when the limit period terminates, the agreement is released.
Example:
Mr. X went into a contract with Mr. Y for an advance of 2 years. Along these lines, here, the confinement period is 2 years. After the second year finishes then the contract will be discharged and their relationship closes. Subsequently, it can be known as a period-banished obligation, which is hard to be recuperated by method for lawful ways and laws.
Breach Of Contract:-
A breach of Contract is one party’s inability to experience the guarantees under an agreement without a legitimate reason. On the off chance that the promisor has not performed his/her, guarantee as per the terms of the agreement or where the execution is not pardoned by the delicate, common assent or outlandish possibility or operation of law, then this adds up to a break of agreement from the promisor. The outcome is that the guarantee gets to be qualified for specific cures. The break of agreement may emerge in two ways:-
Actual: – This happens by inability to execute as guaranteed or by making it unimaginable for the other party to perform. The real break by inability to perform may occur when execution is expected or amid the execution of the contract. Thus, if an individual does not perform his/her a player in the agreement at the stipulated time; he/she will be obligated for its rupture.
Anticipatory: – This happens when a party renounces the agreement before the time altered for execution or when a party by their own act disables themselves from performing the contract.
